Implementing Rules and Regulations of R.A. No. 8560 as amended by R.A. No. 9200

November 5, 2003

PROFESSIONAL REGULATORY BOARD OF GEODETIC ENGINEERING RESOLUTION NO. 12-03

IMPLEMENTING RULES AND REGULATIONS OF REPUBLIC ACT NO. 8560 AS AMENDED BY R.A. NO. 9200

Pursuant to Section 9 of RA 9200, "An Act Amending REPUBLIC ACT NUMBERED EIGHTY-FIVE HUNDRED AND SIXTY (R.A. No. 8560), otherwise known as the Philippine Geodetic Engineering Act of 1998 and for other Purposes, this set of Rules and Regulations for the implementation of the said Act is hereby issued:

RULE I

Title and Purpose

SECTION 1. Title. — This Resolution shall be known as the "Implementing Rules and Regulations of Republic Act 8560 as amended by R.A. 9200". aScITE

SECTION 2. Purpose. — This IRR shall prescribe the procedures, standards, and criteria for the implementation of the provisions of R.A. No. 9200 to attain the following objectives:

a) To implement the upgrading and registration of Junior Geodetic Engineers to Geodetic Engineers without examination; and

b) To carry out the other amendments of the provisions of R.A. No. 8560.

RULE II

Definition of Terms

SECTION 1. Definition of Terms. — For purposes of this IRR RA 9200 the following terms shall mean:

a) Commission — shall refer to the Professional Regulation Commission (PRC) created under R.A. No. 8981.

b) Commission Chairperson — the chief/head executive officer (CEO) Chairperson of the Commission.

c) Board — shall refer to the Board of Geodetic Engineering.

d) Chairman of the Board — refers to the chairman of the Board of Geodetic Engineering.

e) Geodetic Engineer — A Geodetic Engineer is a natural person who has been issued a Certificate of Registration and Identification Card by the Board and the Commission.

f) Active Practice — the exercise of geodetic engineering profession for at least three (3) years by the junior geodetic engineer after obtaining their Privilege Tax Receipts (PTRs) or their employment for at least three (3) years or aggregate thereof assigned to perform their duties in the private sector or government service.

g) Consultancy — the professional act of providing advisory services on all aspects and requirements of the management administration, planning, design and execution of all activities and concerns that involve the practice of geodetic engineering.

h) Continuing Professional Education (CPE) — the inculcation, assimilation and acquisition of knowledge, skills, proficiency and ethical and moral values that upgraded registered geodetic engineers have to undergo for the enhancement of their skills and professional levels of competence and standards of their professional practice in compliance with the requirement of R.A. No. 9200.

i) CPE Provider — a natural or a juridical entity duly accredited by the Board as CPE Provider.

j) Distance Learning (DL) — a correspondence learning with the use of course manuals or accredited learning modules. Accredited learning modules consist of self-instructional materials or programs which may be used in the form of printed manuals, audio and video cassette tapes, films computer-assisted learning (CA),study kits, learning aids and modules or the use of the information highway that should include, among others, clearly defined objectives, adequate content and evaluation component for each module. cTADCH

k) Geomatics — the integrated approach of measurement, analysis management and display of geo-spatial data including, but not limited to, cartography, control surveying, digital mapping, geodesy, geographic information systems, land information systems, hydrography, land survey, mining surverying, photogrammetry and remote sensing.

l) Incumbent Junior Geodetic Engineer — a natural person who is the holder of a valid Certificate of Registration and a valid Professional Identification Card as a Junior Geodetic Engineer upon effectivity of R.A. No. 9200.

m) Junior Geodetic Engineer — a natural person who was registered and issued a Certificate of Registration and Professional Identification Card as Junior Geodetic Engineer under Republic Act No. 4374 as amended by PD No. 202 and PD No. 335.

n) Practicing Geodetic Engineer — a person who is engaged in the practice of geodetic engineering pursuant to R.A. No. 8560 as amended by Sec. 2, Rule II of R.A. No. 9200 and Sec. 1, Rule III of IRR RA 9200, including those holding positions in the government or in private firms, companies or corporations, whose duties require knowledge and application of geodetic engineering.

o) Professional Identification Card — The document issued by the Board and the Commission upon payment of annual registration fees for three (3) years.

p) Updating of Knowledge — the acquisition of additional knowledge, skills and proficiency on the different fields of activities of the geodetic engineering profession.

q) Upgrading Process — the steps in upgrading the incumbent Junior Geodetic Engineers to Geodetic Engineers.

RULE III

Practice of Geodetic Engineering

SECTION 1. Practice of Geodetic Engineering.— The practice of Geodetic Engineering is a professional and organized act of gathering physical data on the surface of the earth with the use of precision instruments. It is also the scientific and methodical processing of these data and presenting them on graphs, plans, maps, charts or documents. It shall embrace, but is not limited to the following activities:

1. Professional Geodetic Engineering services with the use of surveying and mapping equipment such as graduated rods, measuring tapes, transits, levels, theodolites, fathometers/echosounders, electronic distance meters, global positioning systems, stereoplotters and all other instruments that are used to determine metes and bounds of lands positions of points on the surface of the earth, water depths, underwater configuration, ground elevation, gravity, isostacy, crustal movements and the size and shape of the earth, and other instruments used for construction survey, and those instruments used to guide the installation of large industrial equipment and machineries and all other instruments used for surveying and mapping;

2. Horizontal and vertical control surveys and political boundary surveys;

3. Land surveys to determine their metes and bounds and prepare the plans thereof for titling and for other purposes;

4. Subdivision, consolidation and/or consolidation-subdivision of titled properties;

5. Submission of survey plans of subdivided, consolidated and/or consolidated subdivision titled properties to the government agencies concerned: using the numbering system and projection prescribed by the government; ATCEIc

6. Preparation and making of sketch, lot and location plans;

7. Conduction of engineering surveys and the technical preparation of engineering survey plans such as topographic, hydrographic, tidal, profile, cross-section, construction and boundary surveys;

8. Parcellary surveys of lands traversed by infrastructure projects and the preparation of subdivision plans;

9. Conduction of gravimetric and photogrammetric survey and the technical preparation of such surveys plans;

10. Survey and mapping works such as the preparation of geographic and/or land information systems;

11. Survey to determine and establish line and grade for the construction of buildings and other structures and its attachments;

12. Construction of as-staked and as-built surveys for infrastructures;

13. Conduction of mineral and mining surveys;

14. Installation of machineries requiring the use of precision instruments;

15. Engagement in the transfer of the knowledge and technology of geodetic engineering in any institution of learning;

16. Provision of consultancy services in geodetic engineering;

17. Geomatics activities;

18. Program/project planning and design, monitoring and evaluation;

19. Policy formulation, monitoring and evaluation;

20. Research and development and extension; and

21. Feasibility studies and preparation of concept papers/proposals.

RULE IV

Powers and Duties of the Board

SECTION 1. Powers and Duties of the Board.— The Board shall exercise the powers, functions, duties and responsibilities as enumerated hereunder:

a) To promulgate and adopt the rules and regulations necessary for carrying out the provisions of this Act; TcSaHC

b) To supervise the examination, registration, licensure and practice of Professional Geodetic Engineering in the Philippines;

c) To administer oaths in connection with the successful examinees entering the practice of Geodetic Engineering;

d) To issue the Certificate of Registration to successful examinees;

e) To issue, suspend or revoke the Certificate of Registration and Professional Identification Card for the practice of the Geodetic Engineering profession;

f) To adopt an official seal of the Board;

g) To look into the conditions affecting the practice of Geodetic Engineering profession and whenever necessary, adopt such measures as may be deemed proper for the enhancement and maintenance of high professional and ethical standards of the profession;

h) To ensure, in coordination with the Commission on Higher Education (CHED),that all educational institutions offering Geodetic Engineering education comply with the policies, standards and requirements of the course prescribed by the CHED in the areas of curriculum, faculty, library and facilities;

i) To prescribe and/or adopt a Code of Ethical and Professional Standards for the practice of the Geodetic Engineering profession;

j) To hear and try administrative cases involving violations of this Act, its implementing rules and regulations, the Code of Ethics and Technical Standards for Geodetic Engineers and for this purpose, to issue subpoena ducestecum and subpoena ad testificandum to secure the appearance of witnesses and the production of documents in connection therewith;

k) To prescribe guidelines for the Continuing Professional Education (CPE) program in coordination with the integrated and accredited association for Geodetic Engineers;

l) To prepare, adopt, issue or amend the syllabi of the subjects for examination;

m) To approve, issue, limit or revoke temporary license to practice Geodetic Engineering;

n) Discharge such other duties and functions as may be deemed necessary for the enhancement of the Geodetic Engineering profession and the upgrading, development and growth of Geodetic Engineering education in the Philippines.

RULE V

Certificate of Registration and Professional Identification Card

SECTION 1. Certificate of Registration. — A Certificate of Registration shall be issued to registered geodetic engineers who pass the examination for Geodetic Engineers or who are upgraded under Sec. 6 of R.A. No. 9200 in relation to Rule V of IRR RA 9200 subject to the payment of registration fees. The Certificate of Registration of a Geodetic Engineer shall bear the signatures of the Chairman and Members of the Board and of the Commission and the Commission Chairperson and stamped with the official seal of the Board indicating that the person named therein is a registered Geodetic Engineer.

SECTION 2. Professional Identification Card.— A professional identification card bearing the registration number, date of issuance, expiry date and duly signed by the Chairman of the Commission, shall likewise be issued to every registrant upon payment of the professional fees. No person shall practice Geodetic Engineering in this country unless such person shall have secured a license to practice Geodetic Engineering in the manner herein provided. A licensee is entitled to practice the profession with the privileges appurtenant thereto.

RULE VI

Indication of Certificate of Registration Number and Privilege Tax Receipt

SECTION 1. Indication of Certificate of Registration Number and Privilege Tax Receipt.— The Geodetic Engineer shall indicate his Certificate of Registration number including the current PTR number on the documents he/she signs, uses or issues in connection with the practice of the geodetic engineering profession.

RULE VII

Grounds for Suspension and Revocation of Certificate of Registration and.Cancellation of Temporary Special Permit

SECTION 1. Grounds for Suspension and Revocation of Certificate of Registration and Professional Identification Card.Cancellation of Temporary Special Permit.— The Board shall revoke or suspend, upon due notice and hearing, the certificate of registration and professional identification card of a Geodetic Engineer or to cancel a temporary/special permit for any cause specified in the preceding sections including but not limited to the use or perpetuation of any fraud or deceit in obtaining a certificate of registration or for incompetence, negligence, or for abetment of the illegal practice of geodetic engineering; violation of the provisions of this Act. Its implementing rules and regulations and/or violation of the policies of the Board including the Code of Ethics for Geodetic Engineers. Such action of the Board shall be subject to appeal to the Commission within fifteen (15) days from written notice. ADETca

RULE VIII

Automatic Registration of Practicing Geodetic Engineers

SECTION 1. Automatic Registration of Practicing Geodetic Engineers.— All practicing Geodetic Engineers who are registered at the time this Act takes effect shall automatically be registered.

SECTION 2. Qualifications for Upgrading.— The qualifications of Junior Geodetic Engineers for the upgrading to Geodetic Engineers are as follows:

a) All incumbent Junior Geodetic Engineers;

b) Active practitioners of the geodetic engineering profession for at least three (3) years; and

c) Holders of degrees in Bachelor of Science in Geodetic Engineering, or Bachelor of Science in Civil Engineering, or Associate in Geodetic Engineering, or Associate in Surveying.

Three year period of active practice referred to herein shall be computed from the date of actual exercise of their profession, as defined in Section 2 of this Act, up to the date of approval of their application for upgrading. They shall also update their knowledge of the profession through continuing professional education or appropriate distance learning, as prescribed by the Professional Regulation Commission upon recommendation of the recognized and accredited professional geodetic organization, within three (3) years upon approval of their application.

SECTION 3. Requirements for Registration Without Examination.— All incumbent Junior Geodetic Engineers shall submit the following general requirements:

a) Authenticated photo copy of professional identification card;

b) Sworn Statement of active practice supported by the following documents where it applies:

1. For Private Practitioners:

a) Certified Photo Copy of Geodetic Engineer's Index Card from the agency or firm concerned or a certification from a Geodetic Engineer (if one is under supervision);and

b) Photo Copy of PTR for the past three (3) years or certification of PTR payment from the municipal/city Treasurer. ADCEaH

2. For Employees of Private Entity/Corporation/Office/Firms

a) Certificate of Employment detailing the job description from the authorized managing officer; and

b) Photo Copy of PTR for the past three (3) years or certification of PTR payment from the municipal/city Treasurer.

3. For Officials/Employees in Government/State Universities

a) Certified True Copy of Appointment;

b) Certificate of Job Description issued by the Personnel Officer;

c) Certified True Copy of Service Record;

d) Certificate of good moral character and no pending administrative case issued by the Administrative Officer; and cIHCST

e) Certified True Copy of Performance Appraisal for the last three (3) years.

4. For Employees in the Private Schools

a) Certified True Copy of Appointment;

b) Certified True Copy of Service Record; and

c) Certificate of Job Description issued by the Personnel Officer.

c) Photo Copy of Diploma and Transcript of Records duly authenticated by the School.

SECTION 4. Procedures.— The procedures to be followed in the issuance of the Certificates of Registration and Professional Identification Cards as Geodetic Engineers without Examination to qualified incumbent Junior Geodetic Engineer are as follows:

a) The applicant shall file with the Board his application for upgrading to Geodetic Engineer together with the requirement set forth under the preceding section, within three (3) years from the effectivity of the Act;

b) The Board shall evaluate the submitted documents and approve the application if found to be in substantial compliance with the requirements set forth;

c) The Board shall issue a Resolution, subject to the approval of the Commission, approving the application for upgrading to Geodetic Engineer without examination;

d) The applicant shall update his knowledge of the profession within three (3) years upon approval of the application;

e) All upgraded Junior Geodetic Engineers shall be required to take oath of a profession before the Board or any government official authorized by law to administer oaths, prior to entering the practice of geodetic engineering profession and upon the issuance of the Certificate of Registration as Geodetic Engineer and Professional Identification Card.

RULE IX

Continuing Professional Education

SECTION 1. Updating of the Knowledge and Continuing Professional Education.— The registrants shall update their knowledge of the profession through continuing professional education or appropriate distance learning, as prescribed by the Commission upon recommendation of the recognized and accredited professional geodetic organization, within three (3) years upon approval of their applications. This requirement may also be through taking up academic units or completion of the geodetic engineering course in a school duly accredited by the government to offer the geodetic engineering course.

SECTION 2. Design of CPE and DL.— The Modular Approach to CPE and DL should be designed and clamped into one concept and topic for each of the subject under a category classification beyond the contents of college academic offerings with emphasis to geodetic engineering applications and without restrictions to the educational background of the Geodetic Engineers just as the three (3) years experience of the Junior Geodetic Engineers was clamped to one without restriction to their educational backgrounds.

SECTION 3. Categories for the Upgrading.— The CPE or DL for the upgraded Junior Geodetic Engineers and for the upgrading of the knowledge of the profession of the Registered Geodetic Engineer may be classified into these three (3) categories:

a) Geodetic Engineering Science

i) Geometric, Physical, and Satellite Geodesy;

ii) Geodetic Surveying;

iii) Adjustment of Measurements;

iv) Astronomy; and

v) Geomatics THaDEA

b) Geodetic Engineering Technology (Surveying and Mapping)

i) Photointerpretation, Photogrammetry, and Remote Sensing;

ii) Property Surveys (Controls, Isolated, Cadastral, and Mineral);

iii) Engineering Surveys (Subsidence and Construction);

iv) Mapping [Cartography, Projection, Geographic Information Systems (GIS),Land Information Systems (LIS);and

v) Computer Programming and Application (AutoCAD) and Decision-Support Systems

c) Laws Related to the Practice of Geodetic Engineering

i) Natural Resources and Properties

ii) Agrarian Reform TECIaH

iii) Land Registration

iv) United Nations Convention on the Law of the Seas (UNCLOS);

v) Ethics/Value Formation; and

vi) Other Related Laws.

The Table below shows the details of the three (3) categories/modules and sub-modules including the topics, number of hours, among others.

SECTION 4. Sanction.— The registrant shall, within three (3) years upon approval of the application, submit to the Board proof of completion of the required updating of their knowledge of the profession. For failure to comply with this requirement, the Board shall revoke his/her certificate of registration after due process or suspend him/her from the practice of his/her profession.

SECTION 5. Special CPE Council.— A Special CPE Council shall be organized by the Board subject to approval by the Commission and shall be composed of the following: (a) Chairman of the Board; (b) President of the recognized and accredited professional organization; and (c) a member of the academe who is duly registered geodetic engineer. aIcDCH

 

SECTION 6. Qualifications of CPE Provider.— A CPE Provider shall have the minimum qualifications, to wit:

a) Professional organization of registered practicing Geodetic Engineers;

b) A duly recognized educational institution offering geodetic engineering;

c) A duly registered organization, firm, institution or agency involve in the training of professionals;

d) A registered and practicing Geodetic Engineer with specialized expertise and competence in geodetic engineering education; and

e) Must have the capability to provide adequate, instructional materials and teaching staff with acquired competence in their respective field of specialization.

RULE X

Vested Rights and the Right to Practice Geodetic Engineering Profession

SECTION 1. Right to Practice Geodetic Engineering Profession.— The practice of Geodetic Engineering is a professional service, admission to which shall be determined upon the basis of an individual's personal qualifications. The Geodetic Engineer is responsible for the correctness of his professional work for which he shall be answerable therefore.

Only duly Registered Geodetic Engineers may organize, establish or form firms, partnerships or associations for the practice of Geodetic Engineering pursuant to the rules of the Securities and Exchange Commission.

RULE XI

Transitory Provisions

SECTION 1. The Existing Board.— The existing Board shall continue to function in the interim until such time as the new Board shall have been duly constituted pursuant to this Act.

SECTION 2. Examination of Junior Geodetic Engineers.— The conduct of the licensure examinations for Junior Geodetic Engineer shall cease to be conducted upon the effectivity of this Act.

SECTION 3. Continuance of Practice by Junior Geodetic Engineers.— Duly registered Junior Geodetic Engineers may continue to practice as such if their professional identification cards are current and valid until their application for upgrading as Geodetic Engineers shall have been acted upon but in no case shall this privilege be extended beyond three (3) years from the effectivity of this Act or beyond April 19, 2006.

RULE XII

Separability, Repealing, and Effectivity Clauses

SECTION 1. Separability Clause.— If any clause, section, paragraph, provision, clause or part thereof shall be declared unconstitutional or invalid, such judgment shall not affect, invalidate or impair any other part hereof but such judgment shall merely be confined to the section, paragraph, provision, clause or part directly involved in the controversy upon judgment has been rendered.

SECTION 2. Repealing Clause. — Provisions in Board Resolution No. 05, Series of 1998 and other rules, regulations, orders, circulars that are in conflict or inconsistent with the provisions of this IRR RA 9200 shall accordingly be deemed, amended modified or repealed.

SECTION 3. Effectivity.— This IRR shall take effect after fifteen (15) days from its publication in full in the Official Gazette or in a newspaper of general circulation whichever comes earlier. AaSHED

DONE in the City of Manila, this 5th day of November, 2003.

(SGD.) HERMINIO S. PADAChairman
(Sgd.) BENJAMIN O. MINDAJAOMember
ATTESTED:
(SGD.) CARLOS G. ALMELORSecretary, Professional Regulatory Boards
APPROVED:
(SGD.) ANTONIETA FORTUNA-IBEChairperson
(SGD.) AVELINA DELA REA-TANCommissioner	(SGD.) LEONOR TRIPON-ROSEROCommissioner